Noblesville school shooter, 13, who wounded classmate and teacher will not be tried as adult

Empty school buses leave after a shooting at Noblesville West Middle School in Noblesville, Ind., on May 25, 2018. (Robert Scheer / AP)

The 13-year-old gunman accused of wounding a classmate and teacher at an Indiana middle school last month will not be tried as an adult.

The teen, identified by the prosecutor as David J. Moore, would have faced 11 charges if tried in adult court in connection with the shooting at Noblesville Middle School.

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"Under current Indiana law, this case is not eligible to be heard in adult court despite the heinous or aggravated nature of the alleged acts and despite the serious harm caused," Hamilton County Prosecutor D. Lee Buckingham wrote Tuesday.

Buckingham said someone as young as 12 can be tried as an adult for murder, but the statute has been interpreted to not include attempted murder.

"This blessing results in this matter remaining in the juvenile justice system under our current laws, a result which will, I am sure, be very troubling and unsatisfying for many people," Buckingham wrote.

Jason Seaman tackled and disarmed a student with a gun at the school. (Michael Conroy / AP)

A petition was filed Tuesday alleging that Moore is a delinquent child. He is to appear in court on June 11.

Cops say the teen gunman was armed with two handguns when he entered Jason Seaman's classroom and began shooting on May 25. He is accused of shooting 13-year-old Ella Whistler and Seaman, who has been hailed as a hero for stopping the young gunman.

Ella remains hospitalized and faces a lengthy recovery after being shot seven times, including in her face and neck. She also suffered collapsed lungs, significant nerve damage and several broken bones.

The charges that the teen would have faced as an adult include attempted murder, aggravated battery, battery by means of a deadly weapon, possession of a firearm on school property, dangerous possession of a firearm and possession of a knife on school property.